Service dogs are essential in assisting individuals with various disabilities across the country. Individuals with service dogs can live independently and increase their quality of life thanks to the support of their service dogs. Laws surrounding service dog rights and requirements differ from state to state. This blog will overview the key laws on service dogs in Florida. We will cover laws surrounding public access rights, housing protections, and violation penalties.
What is Considered a Service Dog Under Florida Law?
In Florida, a Service Dog is defined as “a dog trained to perform tasks that mitigate the effects of a person’s disability.” These disabilities can include:
- Physical – retrieving dropped items, opening doors, providing stability, operating light switches, and alerting caregivers in emergencies.
- Sensory – visual and hearing impairments, providing support to help reduce sensory overwhelm.
- Psychiatric – post-traumatic stress disorder (PTSD), anxiety, depression, obsessive-compulsive disorder (OCD).
- Neurological – Epilepsy, migraine disorders, Parkinson’s disease.
- Intellectual – down syndrome, cognitive delays, developmental disorders.
Emotional support animals (ESAs) are not considered service animals under the Americans with Disabilities Act or Florida law. ESAs are not trained to perform specific tasks related to a particular disability and, therefore, fall outside the definition of a service dog.
Public Access Rights
Service dogs are allowed public access rights under federal and Florida state laws. Individuals with service dogs are permitted to be accompanied by their service dogs in the following public spaces:
- Restaurants and cafés
- Hotels and other lodging establishments
- Public transportation, such as buses and trains
- Retail stores and shopping malls
- Government buildings and parks
Rules for Public Access
Business Owner Rights
Just as individuals with service dogs have rights, businesses have rights when allowing service dogs in their establishments. Businesses are permitted to ask the following two questions to service dog handlers:
- “Is this service dog required because of a disability?”
- “What task has the dog been trained to perform?”
Business owners are not legally allowed to ask about the handler’s disability or request proof of the dog’s certifications or training.
Dog Behavior Expectations
Service dogs are expected to be under the control of their handler at all times, preferably on a leash or harness, unless this impedes their ability to perform their duties. Service dogs should behave appropriately, refraining from excessive barking and aggressive behavior.
Denial of Access
Businesses have the right to deny access to service dogs only if the dog is out of control and the handler is taking no action to manage or correct the dog’s behavior. Service dogs can also be denied if they pose a direct threat to the health and safety of others.
Housing Protections
Under Florida’s Fair Housing Act, service dog handlers can live with their service dogs regardless of whether the property has a “no pets” policy. This law applies to all apartments, condos, and other rental properties.
Important Information for Landlords in Florida:
To comply with Florida’s Fair Housing Act, landlords should know that they cannot charge pet fees or deposits for individuals with service dogs. If an individual’s disability is not apparent, landlords can request documentation verifying their need for a service dog. Finally, landlords must make reasonable accommodations for those with service dogs unless it would create an undue financial burden.
Penalties for Service Dog Violations
Federal and Florida state laws protect the rights of service dog handlers by enforcing penalties on those who discriminate or interfere with handlers.
Penalties for Interference with or Injury to a Service Animal
Florida criminal law has penalties for individuals and businesses convicted of interference with or injury to a service animal. Florida statute 413.081 covers:
- A person who interferes with (or permits their dog to interfere with) a service animal by obstructing, intimidating, or jeopardizing the safety of the service animal.
- A person who recklessly or intentionally injures or kills (or permits their dog to hurt or kill) a service animal.
Restitution for these crimes includes:
- the value of the service animal
- replacement and training or retraining expenses for the service animal and the user
- veterinary and other medical and boarding expenses for the service animal
- medical expenses for the user
- lost wages or income incurred by the user during any period that the user is without the services of the service animal
Penalties for Misrepresentation of a Service Dog (Fake Service Dogs)
Florida service dog laws also hold individuals liable for fake service dogs. Individuals who misrepresent their pet as a service dog can face:
- Fines up to $500
- 30 hours of community service for an organization serving individuals with disabilities
The United States has extensive federal laws to protect service dog handlers and their dogs. State-specific laws help to further protect these individuals. Florida’s service dog laws are designed to protect those with disabilities and to promote cooperation between service dog handlers and the general public. Staying informed about local and federal laws and advocating for those with service dogs ensures individuals with disabilities are treated with the respect and dignity that they deserve. For more resources or to learn how to support service dog advocacy, refer to our many helpful resources.
